JUDGMENT :

VIVEK CHAUDHARY, J.

1. Heard Shri Shamshad Ali learned counsel for petitioners, Sri N.K. Seth, learned Senior Advocate assisted by Sri Ashish Chaturvedi advocate for respondent no. 6-auction purchaser and learned Standing Counsel for the State.

2. Petitioners, heirs of late Vijay Pal Singh (one of the five brothers), by the present writ petition have challenged the order dated 31.05.2010 passed by respondent no.1 Board of Revenue, U.P., Lucknow and further prayed for a mandamus commanding the respondent no.6-auction purchaser not to create any hindrance in the peaceful possession of the petitioners over the property in dispute.

3. It appears that at the very initial stage, the Court was not satisfied with regard to possession of the petitioners and, thus, on 15.06.2010 the interim order passed provided only that, "opposite party no.6 shall not alienate the property in question till the next date of listing." Even during the course of arguments no claim was made by the petitioners that they are in possession of the property in dispute.

4. Before coming to the facts it would be appropriate to narrate the long and checkered litigation parties went through to again reach this cou